The plaintiff in this case, who worked for GKN North America Services until January 2009 when she stopped due to persistent pain from various medical conditions, filed a claim for disability benefits under an insurance policy issued by Hartford Life and Accident Insurance Company. The plaintiff received short term disability benefits through July 21, 2009,

Does a homeowner’s policy cover a claim asserting that the insured was negligent when he placed a handgun on the victim’s neck and pulled the trigger? The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court decision finding that there was no coverage in this case.  

The Case 

A federal district court in Virginia has ruled that an assault or battery exclusion barred coverage for claims allegedly arising from a fight at a billiards tournament.  

The Case 

The plaintiff in this case filed a premises liability lawsuit against The Locker Room, LLC, alleging that he was injured in a fight that took place

A Pennsylvania federal district court has ruled that complaints against a funeral director who had been convicted of crimes involving the unlawful taking and sale of body parts did not allege an “occurrence” and that none of the alleged damages met the definitions of “bodily injury” or “property damage.” 

The Case 

The case involved

A Minnesota appeals court has ruled that an insurance policy that expressly excluded coverage for claims arising from an alleged contract breach by the insured also excluded coverage for other statutory claims related to the alleged breach – and that the insurer was entitled to recover the defense costs it had previously advanced.  

The Case 

Please click the link below to view the Trusts, Estates & Taxation Newsletter – Winter 2013. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Trusts, Estates & Taxation Newsletter – Winter 2013

Our state constitution and statutes provide that each one of the counties of the State of New York has its own Judge of the Surrogate’s Court, commonly referred to as the “Surrogate”.  The laws allow, when necessary, that a county may have more than one Surrogate.  As of the time of the writing of this

Under certain circumstances, a designated agent under a power of attorney (“POA”) has the authority to amend an irrevocable trust.  New York recently supported this authority in the Second Department case, Perosi v. LiGreci, 98 A.D.3d 230 (2012).
There are many variables involved to determine whether an agent (also referred to as an attorney-in-fact) has

In our fall newsletter, we advised you of the intense review given a residency audit.  In the second part of this article, we have outlined the following steps that should be taken to successfully transition into a new domicile:

• Declare your new state to be your place of domicile and residence in all forms

The fiscal cliff was averted on January 1, 2013 with the passage of the American Taxpayer Relief Act of 2012 (Act) which was signed by President Obama on January 2, 2013.  The new law eliminates the “sunset” provisions of the 2001 and 2003 tax cuts, offering an increased degree of stability even with the tax

Court Holds Insurer Was Prejudiced By Late Notice That Resulted In Lost Opportunity To Investigate

After the roof of a commercial building in New York City collapsed, the second floor and roof were demolished and removed as ordered by the City.  Approximately 5½ months later, the insurer of the contractor that performed work on the

Please click the link below to view the New York Insurance Coverage Law Update – 2012 Compilation. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

New York Insurance Coverage Law Update – 2012 Compilation

Please click the link below to view Put on Hold. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Put on Hold

Copyright © 2013 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

Five current and former employees of Redland Energy Services, LLC, who worked as operators of Redland’s two drilling rigs, sued Redland, alleging that it had violated an overtime provision of the federal Fair Labor Standards Act (FLSA) by changing the designation of their workweek, but not their work schedule, so that fewer hours qualified as

Claims that weight loss products were ineffective and did not lead to weight loss were not covered by the manufacturer’s insurance policy, which provided coverage for claims of “bodily injury,” the U.S. Court of Appeals for the Fifth Circuit has affirmed.   

The Case

Consumers sued CSA Nutraceuticals GP, L.L.C., and CSA Nutraceuticals, L.P., (collectively “CSAN”)